The crime of genocide in international humanitarian law ✍️ Hisham Mahmoud Suleiman…former Secretary-General of the Commission on Human Rights
The crime of genocide is considered one of the most serious crimes that a person can commit against humanity. It poses a major challenge to the international community in its efforts to achieve justice and protect human rights. According to international human law, genocide is considered. a crime of a particular nature aimed at the complete destruction of a national, ethnic or religious group, in part through systematic actions that harm members of that group, whether through murder, physical or mental violence, or through imposition of conditions that threaten their existence. .
The need to define and legally define the crime of genocide arose after World War II, particularly after the Holocaust, in which millions of Jews were killed by the Nazi regime. Then, in 1948, the international community adopted the United Nations Prevention Convention. and the repression of the crime of genocide, which considers these acts as an international crime whose perpetrators must be judged, regardless of their status or position.
International laws aim to prevent the occurrence of genocide and to hold those responsible to account through international judicial institutions such as the International Criminal Court and Special Tribunals for International Crimes. However, the actual implementation of these laws still sometimes faces major challenges, which raises questions. the effectiveness of the international system in preventing these crimes and preventing their recurrence.
This article aims
Examine the legal framework of the crime of genocide in international humanitarian law, with emphasis on legal definitions, international judicial tools and the most important historical examples of this crime, including the trial of its perpetrators and the manner of face these crimes. is one of the most serious crimes punishable by international humanitarian law. It is defined under international law. More specifically in the United Nations Convention on the Prevention and Punishment of the Crime of Genocide of 1948, it is defined as acts committed with the aim of destroying. , in part or in whole, a national, racial or religious group.
Definition of genocide according to international law: –
According to Article II of the Genocide Convention, the following acts are considered genocide
1 Kill members of a specific group
2 Cause serious physical or mental harm to members of the group
3. Subjecting group members to living conditions that threaten their total or partial physical destruction
4. Impose measures to prevent births within the group.
5. Transfer children from one group to another
The legal context of the crimes of genocide:
Under international law, these crimes are prosecuted by special tribunals such as the International Criminal Court (ICC) and special tribunals such as the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).
The International Criminal Court: Established under the 1998 Rome Statute, it is responsible for trying individuals accused of committing the most serious international crimes, including genocide.
Nuremberg Tribunal: –
One of the most striking examples of trials for crimes against humanity was the Nuremberg Tribunal after World War II, which was the first trial for the crime of genocide.
Elements of the crime of genocide: –
A Specific intent Criminal intent The perpetrator must have committed the acts with the aim of partially or totally destroying a national, ethnic or religious group.
b The patterns by which crimes are committed
Murder includes physical or mental abuse, deprivation of conditions necessary for survival, prevention of procreation and child abuse.
Historical examples: –
1. Genocide in Rwanda in 1994 The country witnessed a massive massacre against the Tutsis, in which around 800,000 people, mostly Tutsis, were killed in a short period of time.
2. Genocide in Bosnia and Herzegovina 1992-1995 One of the most striking examples is the Srebrenica massacre, during which more than 8,000 Bosnian Muslims were killed.
Legal procedures:-
Genocide is governed by strict sanctions under international law. Penalties may include life imprisonment or other penalties commensurate with the seriousness of the crime committed. States also recognize their responsibility to bring the perpetrators of these crimes to justice, whether before local or international courts.
Based on the above, genocide represents a serious violation of human rights and is considered a crime against humanity under international humanitarian law. This issue requires concerted international efforts to limit the occurrence of these crimes and prosecute their perpetrators.
Politicizing the international justice system with emphasis on the International Criminal Court model
The international judicial system is one of the important dimensions of contemporary international relations. This system relies on international trials aimed at holding individuals accountable for international crimes such as genocide, war crimes and crimes against humanity. prominent example of this system.
The International Criminal Court is a permanent tribunal established under the Rome Statute in 1998. It aims to try individuals accused of committing international crimes. One of the Court's goals is to fight impunity and achieve justice for victims globally.
Politicization in the international judicial system: –
But despite the important role of the International Criminal Court, it faces criticism that it could be politicized in some cases.
These criticisms have several aspects:
1. Selective selection of defendants. Many critics believe the International Criminal Court can be selective about the cases it tries, particularly those related to African countries. This has sparked criticism that the Court focuses on certain regions while crimes committed in other parts of the world. like the wars in Iraq, can be ignored.
2. Western hegemony
Some countries view the Court as a tool in the hands of Western countries and believe that the international justice system can be used for political purposes instead of achieving real justice. These criticisms are particularly evident in the positions of certain large countries such as the United States. , Russia and China, which have not ratified the Rome Statute or withdrawn from the Court.
3. Political pressure
Great powers can exert political pressure on the Court on issues that affect their interests. This question may raise doubts about the independence and impartiality of the Court.
Challenges facing the International Criminal Court: –
1 Resources and Implementation Capacity The International Criminal Court depends on the voluntary cooperation of Member States to implement arrest warrants. Therefore, the lack of cooperation from some countries may hamper the work of the Court, and some countries that support it may impose their point of view. many questions, especially if it conflicts with their interests.
2 Credibility
In the eyes of non-member states, many countries, including the United States, China and Russia, have not ratified the Rome Statute, meaning they are not bound by the Court's laws. This restricts the Court's ability to act truly on a global scale. authority in the field of international justice.
conclusion:-
The politicization of international justice, particularly through the International Criminal Court, remains a controversial issue
Despite its important role in prosecuting international crimes, the politicization of this court could hinder the full realization of justice to overcome these challenges.
It may be necessary to reform the international system and strengthen the independence of the Court, as well as to ensure that all States cooperate with it in a fair and equal manner.
Hisham Mahmoud Suleiman
